INFCIRC/350

International Atomic Energy Agency
INFORMATION CIRCULAR

INFCIRC/350
March 1988

[Chinese Text]

THE TEXT OF THE AGREEMENT OF 18 SEPTEMBER 1987 BETWEEN CHILE AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL SUPPLIED FROM THE PEOPLE'S REPUBLIC OF CHINA

1. The text of the Agreement of 18 September 1987 between the Government of the Republic of Chile and the Agency for the application of safeguards to nuclear material supplied from the People's Republic of China is reproduced in this document for the information of all Members.

2. The Agreement entered into force on 18 September 1987, pursuant to Section 32 thereof.

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHILE AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL SUPPLIED FROM THE PEOPLE'S REPUBLIC OF CHINA

WHEREAS the Government of the Republic of Chile has made arrangements for the supply of nuclear material in the form of UF6, enriched to 20% in the isotope U-235, from the People's Republic of China for fabrication of MTR-type fuel elements for Lo Aguirre research reactor;

WHEREAS the Government of the Republic of Chile has requested the International Atomic Energy Agency to apply its safeguards system in connection with the above-mentioned nuclear material;

WHEREAS the International Atomic Energy Agency is authorized by its Statute to apply safeguards, at the request of a State, to any of that State's activities in the field of atomic energy;

WHEREAS the Board of Governors of the International Atomic Energy Agency has acceded to the request of the Government of the Republic of Chile on 16 September 1987;

NOW THEREFORE, the Government of the Republic of Chile and the International Atomic Energy Agency have agreed as follows:

PART I

DEFINITIONS

Section 1. For the purpose of this Agreement:

"Government" means the Government of the Republic of Chile;

"China" means the People' a Republic of China;

"Agency" means the International Atomic Energy Agency;

"Board" means the Board of Governors of the Agency;

"Statute" means the Statute of the Agency;

"Safeguards Document" means Agency document INFCIRC/66/Rev.2;

"Inspectors Document" means the Annex to Agency document GC(V)INF/39;

"Inventory" means the list of items to be prepared by the Agency in accordance with Section 8;

"nuclear material" means any source material or special fissionable material as defined in Article XX of the Statute;

"nuclear facility" means:

(ii) Any location where nuclear material in amounts greater than one effective kilogram is customarily used or stored;

"produced, processed or used" means any utilization or any alteration of the physical or chemical form or composition, including any change of the isotopic composition, of the nuclear material involved;

"Agreement on the Privileges and Immunities of the Agency" means the agreement which was approved by the Board on 1 July 1959 the text of which was published in Agency document INFCIRC/9/Rev.2.

PART II

UNDERTAKINGS BY THE GOVERNMENT AND THE AGENCY

Section 2. The Government undertakes that none of the following items shall be used for the manufacture of any nuclear weapon or to further any other military purpose or for the manufacture of any other nuclear explosive device:

(a) Nuclear material in the form of UFO, enriched to 20Z in the isotope U-235, transferred to the Republic of Chile from China for the fabrication of MTR-type fuel elements for Lo Aguirre research reactor.

(b) Any nuclear material, including subsequent generations of special fissionable material, which has been produced, processed or used in any of the nuclear facilities in which the nuclear material referred to in (a) is used;

Section 3. The Agency undertakes to apply its safeguards system in accordance with the terms of this Agreement to all items referred to in Section 2 so as to ensure that no such item is used for the manufacture of any nuclear weapon or to further any other military purpose or for the manufacture of any other nuclear explosive device.

Section 4. The Government undertakes to accept safeguards, to facilitate their application and to co-operate with the Agency to that end. The Government and the Agency shall consult at any time at the request of either Party to ensure the effective implementation of this Agreement.

PART III

GENERAL SAFEGUARDS PRINCIPLES

Section 5. In applying safeguards, the Agency shall observe the general principles set forth in paragraphs 9 to 14 of the Safeguards Document.

PART IV

SAFEGUARDS PROCEDURES AND SUBSIDIARY ARRANGEMENTS

Section 6.

(a) The procedures to be followed by the Agency in applying safeguards to the items listed in the Inventory shall be those specified in the Safeguards Document.

(b) To that end the Government and the Agency shall make Subsidiary Arrangements concerning the implementation of such procedures, which shall specify in detail, to the extent necessary for the Agency to be able to fulfil its obligations in an effective manner, the way in which the procedures set forth in this Agreement are to be applied. The Subsidiary Arrangements shall further include any containment and surveillance measures that may be required for the effective application of safeguards. There may also be included other additional procedures resulting from technological developments of proven reliability. The Government and the Agency shall do everything they can to ensure that the Subsidiary Arrangements enter into force as soon as possible and in time to enable the Agency to fulfil the obligations devolving upon it under this Agreement.

(c) The Agency shall have the right to request the information referred to in paragraph 41 of the Safeguards Document and to make the inspections referred to in paragraph 51 thereof. The Subsidiary Arrangements shall specify the scope of the information and the number of such inspections.

PART V

INVENTORY

Section 7. The Agency shall establish and maintain an Inventory in accordance with Section 8 of this Agreement.

Section 8. The following items shall be listed in the Part a of the Inventory specified below:

(a) In the Main Part: (i) Nuclear material in the form of UFO, enriched to 20X in the isotope U-235, transferred to the Republic of Chile from China for fabrication of MTR-type fuel elements for Lo Aguirre research reactor.

(ii) Any nuclear material, including subsequent generations of special fissionable material, which has been produced, processes or used in any of the nuclear facilities listed in the Inventory, from the time when it is produced, processed or used;

(iii) Any nuclear material that has been substituted, in accordance with paragraph 25 or paragraph 26(d) of the Safeguards Document, for any nuclear material referred to in (i) or (ii) above.

(b) In the Subsidiary Part: Any nuclear facility while containing nuclear material listed in the Main Part of the Inventory. (c) In the Inactive Part: Any nuclear material which should normally be listed in the Main Part of the Inventory but which is not so listed because: (i) It is exempt from safeguards pursuant to paragraph 21, 22 or 23 of the Safeguards Document; or

(ii) Safeguards thereon are suspended pursuant to paragraph 24 or 25 of the Safeguards Document.

Section 9. The Agency shall send a copy of the Inventory to the Government every 12 months, and also at other times specified by the Government in a request communicated to the Agency at least two weeks in advance.

NOTIFICATIONS AND REPORTS

Section 10. The Government shall notify the Agency of

(a) Any transfers into its Jurisdiction of nuclear material in the form of UF₆, enriched to 20% in the isotope U-235, from China for the fabrication of MTR-type fuel elements.

(b) Any nuclear facility required to be listed in the inventory in accordance with Section 8(b).

Section 11. The Government shall notify the Agency by means of reports in accordance with the Safeguards Document and the Subsidiary Arrangements of any nuclear material produced, processed or used during the period covered by the report and referred to in Section 8(a)(ii). Upon receipt by the Agency of the notification, such nuclear material shall be so listed in the Main Part of the Inventory. The Agency may verify the calculations of the amounts of such nuclear material. Appropriate adjustments in the amounts appearing in the Inventory shall be made by agreement between the Government and the Agency.

Section 12. The notifications of transfers may also be made in a single document by the Government Jointly with the Government of China. The Agency may provide the Government of China with information relating to the Inventory.

Section 13. The notifications provided for in Section 10 shall be made as follows in accordance with details to be agreed in the Subsidiary Arrangements:

(a) For Section 10(a) within 30 days after receipt within the Jurisdiction of the Government of nuclear material covered by that section.

(b) For Section lO(b) within two weeks after the arrival of the nuclear material at the nuclear facility in question.

Section 14. Notifications or reports made pursuant to Sections 10, 11, 12, 16 or 17 shall specify, to the extent appropriate, the isotopic and chemical composition and the physical form of the nuclear material; the type and capacity of the nuclear facility; the identity of the consignor and the consignee and any other information relevant to safeguards.

Section 15. The Agency shall, within 30 days of receiving a notification pursuant to Section 10, 11 or 12, inform the Government that the items covered by the notifications are listed in the Inventory.

PART VI

TRANSFERS

Section 16. The Government shall notify the Agency of any intended transfer of nuclear material listed in the Main Part of the Inventory to any nuclear facility within its Jurisdication, except a nuclear facility at which Subsidiary Arrangements, under this or another Safeguards Agreement applicable to that material are in force, and shall provide the Agency, before such transfer is effected, with sufficient information to enable it to determine whether it can apply safeguards to the material and to the nuclear facility in question after transfer to such a nuclear facility. The necessary basis for the application of safeguards shall be settled in the Subsidiary Arrangements before the transfer of the material in question.

Section 17. The Government shall notify the Agency of any intended transfer of nuclear material in the Inventory to a recipient that is not under the jurisdiction of the Government. The transfer of nuclear material shall be made in accordance with paragraph 28 of the Safeguards Document. Upon notification of the Government by the Agency of compliance with the said conditions and on receipt of the notification of transfer from the Government, the material in question shall be deleted from the Inventory.

PART VII

EXEMPTION FROM AND SUSPENSION OF SAFEGUARDS

Section 18. The Agency shall exempt from safeguards nuclear material listed in the Main Part of the Inventory under the conditions specified in paragraph 21, 22 or 23 of the Safeguards Document.

Section 19. The Agency shall suspend safeguards on nuclear material under the conditions specified in paragraph 24 or 25 of the Safeguards Document.

Section 20. Nuclear material which is exempted from safeguards or on which safeguards have been suspended shall be deleted from the Main Part of the Inventory and shall be listed in the Inactive Part of the Inventory.

TERMINATION OF SAFEGUARDS

Section 21. The safeguards applied pursuant to this Agreement with respect to nuclear material shall be terminated by the Agency under the conditions specified in paragraph 26 or 27 of the Safeguards Document.

Section 22. Upon termination of safeguards pursuant to Section 21 the nuclear material in question shall be deleted from the Inventory. The Agency shall, within 30 days of deleting nuclear material from the Inventory pursuant to Section 21, inform the Government accordingly.

PART VIII

AGENCY INSPECTORS

Section 23. The provisions of paragraphs 1 to 10 and 12 to 14 inclusive of the Inspectors Document shall apply to Agency inspectors performing functions pursuant to this Agreement, except that paragraph 4 of the Inspectors Document shall not apply to any nuclear facility or to nuclear material to which the Agency has access at all times. The actual procedures to implement paragraph 50 of the Safeguards Document shall be agreed in the Subsidiary Arrangements.

Section 24. The relevant provisions of the Agreement on the Privileges and Immunities of the Agency-/shall be applied by the Government to the Agency, its inspectors and to any property of the Agency used by them in performing their functions under this Agreement.

PART IX

PHYSICAL PROTECTION

Section 25. The Government shall take all the measures necessary for the physical protection of all items subject to this Agreement, taking into consideration the recommendations of the Agency with regard to such measures.

PART X

FINANCIAL PROVISIONS

Section 26. Expenses shall be borne as follows:

(a) Subject to paragraph (b) of this Section, each Party shall bear any expenses incurred in the implementation of its responsibilities under this Agreement;

(b) All special expenses incurred by the Government or by persons under its Jurisdiction, at the written request of the Agency, its inspectors or other officials, shall be reimbursed by the Agency if the Government notifies the Agency before the expense is incurred that reimbursement will be required.

Nothing in this Section shall prejudice the allocation of expenses which are attributable to a failure by either Party to comply with this Agreement.

Section 27. The Government shall ensure that any protection against third-party liability, including any insurance or other financial security in respect of risks of a nuclear accident at nuclear facilities under its Jurisdiction, shall apply to the Agency and its inspectors when carrying out their functions under this Agreement in the same way as that protection applies to residents in the Republic of Chile.

This material is produced independently for NTI by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2007 by MIIS.